Personal Insolvency Act 2012

Sommaire

1. Art. 1 Short title and commencement.
2. Art. 2 Interpretation.
3. Art. 3 Regulations and orders.
4. Art. 4 Expenses.
5. Art. 5 Appropriate court.
6. Art. 6 Repeals.
7. Art. 7 Establishment day.
8. Art. 8 Establishment of Insolvency Service.
9. Art. 9 Functions of Insolvency Service.
10. Art. 10 Composition of Insolvency Service.
11. Art. 11 Director.
12. Art. 12 Staff of Insolvency Service.
13. Art. 13 Superannuation.
14. Art. 14 Strategic plans.
15. Art. 15 Business plan.
16. Art. 16 Reports by the Insolvency Service.
17. Art. 17 Accounts and audit.
18. Art. 18 Appearance before Committee of Dáil Éireann established to examine, etc., appropriation accounts, etc.
19. Art. 19 Appearance before other committees of Houses of Oireachtas.
20. Art. 20 Power to charge and recover fees.
21. Art. 21 Advances by Minister to Insolvency Service.
22. Art. 21A Retention of information by Insolvency Service
23. Art. 22 Restriction of Freedom of Information Acts 1997 and 2003.
24. Art. 23 Guidelines on reasonable standard of living, reasonable living expenses for debtors.
25. Art. 24 Insolvency Service may communicate by electronic means.
26. Art. 25 Interpretation of Chapter 1.
27. Art. 26 (I) (II) (I) (II) Eligibility criteria for a Debt Relief Notice.
28. Art. 27 Initiation of Debt Relief Notice process.
29. Art. 28 Creditor consent required for issue of Debt Relief Notice in respect of excludable debt.
30. Art. 29 Application for Debt Relief Notice.
31. Art. 30 Consideration by Insolvency Service of application under section 29.
32. Art. 31 Referral of application to appropriate court for issue of Debt Relief Notice.
33. Art. 32 Contents of Debt Relief Notice.
34. Art. 33 Duties of Insolvency Service on issue of Debt Relief Notice.
35. Art. 34 Duration of Debt Relief Notice.
36. Art. 35 Effect of issue of Debt Relief Notice.
37. Art. 36 General obligations of debtor arising under this Chapter.
38. Art. 37 Payment by specified debtor of portion of specified debts.
39. Art. 38 Treatment by Insolvency Service of sums received under section 36 or 37.
40. Art. 39 Power to amend Debt Relief Notice.
41. Art. 40 Investigation by Insolvency Service.
42. Art. 41 Application by Insolvency Service for direction of court.
43. Art. 42 Application by person affected to court.
44. Art. 43 Creditor objection during supervision period.
45. Art. 44 Application by Insolvency Service to have Debt Relief Notice terminated.
46. Art. 45 Effect of termination of Debt Relief Notice.
47. Art. 46 Discharge from specified qualifying debts.
48. Art. 47 Approved intermediaries.
49. Art. 48 General.
50. Art. 49 Appointment of personal insolvency practitioner.
51. Art. 49A Termination by a debtor of his or her appointment of a personal insolvency practitioner
52. Art. 49B Termination by a personal insolvency practitioner of his or her appointment by a debtor
53. Art. 49C Termination of appointment of a personal insolvency practitioner due to death, incapacity or withdrawal of authorisation
54. Art. 50 Completion of Prescribed Financial Statement.
55. Art. 51 Provisions relating to pension arrangements.
56. Art. 52 Personal insolvency practitioner to advise debtor.
57. Art. 53 Instruction by debtor to personal insolvency practitioner to make proposal for arrangement.
58. Art. 54 Statement to be prepared by personal insolvency practitioner.
59. Art. 54A Performance by others of certain functions of personal insolvency practitioner.
60. Art. 55 Debt Settlement Arrangement: General Conditions.
61. Art. 56 Debt Settlement Arrangement permitted once only.
62. Art. 57 Debt Settlement Arrangement: Eligibility criteria.
63. Art. 58 Creditor consent required for inclusion of excludable debt in Debt Settlement Arrangement.
64. Art. 59 Debt Settlement Arrangement: Application for protective certificate.
65. Art. 60 Debt Settlement Arrangement: Consideration by Insolvency Service of application for protective certificate.
66. Art. 61 Debt Settlement Arrangement: Referral of application to court for issue of protective certificate.
67. Art. 62 Debt Settlement Arrangement: Effect of issue of protective certificate.
68. Art. 63 Debt Settlement Arrangement: Right of appeal as respects protective certificate.
69. Art. 64 Actions to be taken by personal insolvency practitioner following issue of protective certificate.
70. Art. 65 Mandatory requirements concerning Debt Settlement Arrangement.
71. Art. 66 Debt Settlement Arrangement: Non-exhaustive list of matters for possible inclusion.
72. Art. 67 Preferential debts in Debt Settlement Arrangement.
73. Art. 68 Secured creditors and Debt Settlement Arrangement.
74. Art. 69 Principal private residence in Debt Settlement Arrangement.
75. Art. 70 Debt Settlement Arrangement: Calling of creditors’ meeting.
76. Art. 71 Debt Settlement Arrangement: Documents to be given to creditors and the Insolvency Service when calling a creditors’ meeting.
77. Art. 72 Debt Settlement Arrangement: Conduct of creditors’ meeting.
78. Art. 73 Debt Settlement Arrangement: Voting at creditors’ meeting.
79. Art. 74 Debt Settlement Arrangement: Procedures for the conduct of creditors’ meetings.
80. Art. 74A Approval of proposed Debt Settlement Arrangement where only one creditor
81. Art. 75 Steps to be taken by personal insolvency practitioner following approval of proposal for Debt Settlement Arrangement.
82. Art. 76 Steps to be taken by Insolvency Service following notification of approval of Debt Settlement Arrangement by personal insolvency practitioner under section 75.
83. Art. 77 Determination of objection lodged under section 75.
84. Art. 78 Coming into effect of Debt Settlement Arrangement.
85. Art. 79 Effect of Debt Settlement Arrangement.
86. Art. 80 Operation of terms of Debt Settlement Arrangement.
87. Art. 81 General duties and obligations of debtor arising under Chapter 3.
88. Art. 82 Variation of Debt Settlement Arrangement
89. Art. 83 Application to appropriate court to have Debt Settlement Arrangement terminated.
90. Art. 84 Debt Settlement Arrangement deemed to have failed after 6 month arrears default.
91. Art. 85 Effect of premature termination of Debt Settlement Arrangement on debts.
92. Art. 86 Successful completion of Debt Settlement Arrangement.
93. Art. 87 Grounds of challenge by creditor to coming into effect of Debt Settlement Arrangement.
94. Art. 88 Debt Settlement Arrangement: Excessive pension contributions.
95. Art. 89 Personal Insolvency Arrangement: General Conditions.
96. Art. 90 Personal Insolvency Arrangement permitted once only.
97. Art. 91 Eligibility criteria for a Personal Insolvency Arrangement.
98. Art. 92 Creditor consent required for inclusion of excludable debt in Personal Insolvency Arrangement.
99. Art. 93 Application for protective certificate.
100. Art. 94 Consideration by Insolvency Service of application for protective certificate.
101. Art. 95 Referral of application to court for issue of protective certificate.
102. Art. 96 Effect of issue of protective certificate.
103. Art. 97 Right of appeal as respects protective certificate.
104. Art. 98 Actions to be taken by personal insolvency practitioner following issue of protective certificate.
105. Art. 99 Mandatory requirements concerning Personal Insolvency Arrangement.
106. Art. 100 Non-exhaustive list of options as respects payments for inclusion in Personal Insolvency Arrangement.
107. Art. 101 Preferential debts in Personal Insolvency Arrangement.
108. Art. 102 Secured creditors and Personal Insolvency Arrangement.
109. Art. 103 Protections for secured creditors in Personal Insolvency Arrangement.
110. Art. 104 Principal private residence in Personal Insolvency Arrangement.
111. Art. 105 Valuation of security.
112. Art. 106 Calling of creditors’ meeting.
113. Art. 107 Documents to be given to creditors and the Insolvency Service when summoning a creditors’ meeting.
114. Art. 108 Voting rights at creditors’ meetings.
115. Art. 109 Conduct of creditors’ meeting for consideration of proposed Personal Insolvency Arrangement.
116. Art. 110 Proportion of creditors required to approve Personal Insolvency Arrangement.
117. Art. 111 Procedures for the conduct of creditors meetings.
118. Art. 111A Approval of proposed Personal Insolvency Arrangement where only one creditor
119. Art. 112 Steps to be taken by personal insolvency practitioner following approval of proposal for Personal Insolvency Arrangement.
120. Art. 113 Steps to be taken by Insolvency Service following notification of approval of Personal Insolvency Arrangement by personal insolvency practitioner under section 112.
121. Art. 114 Determination of objection lodged under section 12.
122. Art. 115 Coming into effect of Personal Insolvency Arrangement.
123. Art. 115A Court review of proposed Personal Insolvency Arrangement
124. Art. 116 Effect of Personal Insolvency Arrangement.
125. Art. 117 Operation of terms of Personal Insolvency Arrangement.
126. Art. 118 General duties and obligations of debtor arising under Chapter 4.
127. Art. 119 Variation of Personal Insolvency Arrangement
128. Art. 119A Variation of Personal Insolvency Arrangement confirmed by order under section 115A
129. Art. 120 Grounds of challenge by creditor to coming into effect or variation of Personal Insolvency Arrangement.
130. Art. 121 Excessive pension contributions.
131. Art. 122 Application to appropriate court to have Personal Insolvency Arrangement terminated.
132. Art. 123 Personal Insolvency Arrangement deemed to have failed after 6 month arrears default.
133. Art. 124 Effect of premature termination of Personal Insolvency Arrangement on debts.
134. Art. 125 Successful completion of Personal Insolvency Arrangement.
135. Art. 126 False representations and omissions.
136. Art. 127 Breach of obligation under Part 3.
137. Art. 128 Concealment or falsification of documents.
138. Art. 129 Fraudulent disposal of property.
139. Art. 130 Obtaining credit or engaging in business by a debtor while insolvency arrangement is in effect.
140. Art. 131 Unauthorised person acting as approved intermediary.
141. Art. 132 Prosecution of offences.
142. Art. 133 Register of Insolvency Arrangements.
143. Art. 134 Giving of notices.
144. Art. 135 Set-off to be applied.
145. Art. 136 Prescribed Financial Statement.
146. Art. 137 Guidelines and codes of practice.
147. Art. 138 Application of laws in relation to netting agreements, etc.
148. Art. 139 Debts in currency other than currency of the State.
149. Art. 140 Transmission of documents by electronic means.
150. Art. 140A Confirmation of truth.
151. Art. 141 Review of operation of Part 3.
152. Art. 142 Amendment of section 3 of Bankruptcy Act 1988.
153. Art. 143 Amendment of section 7 of Bankruptcy Act 1988.
154. Art. 144 Amendment of section 8 of Bankruptcy Act 1988.
155. Art. 145 Amendment of section 11 of Bankruptcy Act 1988.
156. Art. 146 Amendment of section 12 of Bankruptcy Act 1988.
157. Art. 147 Amendment of section 14 of Bankruptcy Act 1988.
158. Art. 148 Amendment of section 15 of Bankruptcy Act 1988.
159. Art. 149 Amendment of section 39 of Bankruptcy Act 1988.
160. Art. 150 Insertion into Bankruptcy Act 1988 of new sections 44A and 44B.
161. Art. 151 Amendment of section 45 of Bankruptcy Act 1988.
162. Art. 152 Amendment of section 57 of Bankruptcy Act 1988.
163. Art. 153 Amendment of section 58 of Bankruptcy Act 1988.
164. Art. 154 Amendment of section 59 of Bankruptcy Act 1988.
165. Art. 155 Insertion into Bankruptcy Act 1988 of new section 65A.
166. Art. 156 Amendment of section 81 of Bankruptcy Act 1988.
167. Art. 157 Amendment of section 85 of Bankruptcy Act 1988.
168. Art. 158 Amendment of section 123 of Bankruptcy Act 1988.
169. Art. 159 Interpretation (Part 5).
170. Art. 160 Unauthorised person acting as personal insolvency practitioner.
171. Art. 161 Regulations that may be made by Insolvency Service regarding personal insolvency practitioners.
172. Art. 162 Register of Personal Insolvency Practitioners.
173. Art. 163 Application for authorisation to carry on practice as personal insolvency practitioner.
174. Art. 164 Authorisation to carry on practice as personal insolvency practitioner or refusal to authorise.
175. Art. 165 Notification to applicant of refusal to authorise, etc.
176. Art. 166 Renewal of authorisation to carry on practice as a personal insolvency practitioner.
177. Art. 167 Notification to applicant of refusal to renew authorisation, etc.
178. Art. 168 Provision of information by Garda Síochána and Central Bank.
179. Art. 169 Appeal to Circuit Court against decision of Insolvency Service.
180. Art. 170 Retention of records.
181. Art. 171 Professional indemnity insurance.
182. Art. 172 Fees and charges by personal insolvency practitioners.
183. Art. 173 Keeping and preservation by personal insolvency practitioner of accounts and records.
184. Art. 174 Control of banking accounts or assets of personal insolvency practitioners.
185. Art. 175 Power of Insolvency Service to deal with documents.
186. Art. 176 Inspectors.
187. Art. 176A Supervision
188. Art. 176B Authorised Officers
189. Art. 176C Powers of Authorised Officers
190. Art. 176D Notification by Authorised Officer
191. Art. 177 Panel of persons to act as members of Complaints Committee.
192. Art. 178 Complaints against personal insolvency practitioners.
193. Art. 179 Circumstances in which application may be made to High Court for immediate suspension of authorisation, etc.
194. Art. 180 Investigations.
195. Art. 181 Measures to assist inspector in carrying out investigation.
196. Art. 182 Preparation of report by inspector and consideration of matter by the Complaints Committee.
197. Art. 183 Appeal to High Court against determination of Complaints Committee.
198. Art. 184 Matters to be considered in determining sanctions to be imposed.
199. Art. 185 Publication of sanctions, etc.
200. Art. 186 Restriction of right of access to personal data in certain circumstances
201. Art. 187 Amendment of Courts (Establishment and Constitution) Act 1961.
202. Art. 188 Amendment of section 17 of Courts (Supplemental Provisions) Act 1961.
203. Art. 189 Amendment of Courts (Supplemental Provisions) Act 1961.
204. Art. 190 Amendment of section 46 of Courts (Supplemental Provisions) Act 1961.
205. Art. 191 Number of specialist judges.
206. Art. 192 Amendment of Courts and Court Officers Act 1995.
207. Art. 193 Amendment of Courts Act 1977.
208. Art. 194 Amendment of section 10 of Courts of Justice Act 1947.
209. Art. 195 Amendment of section 38 of Courts of Justice Act 1924.
210. Art. 196 Amendment of section 66 of Courts of Justice Act 1924.
211. Art. 197 Amendment of Courts Act 1973.
212. Art. 198 Amendment of Law Reform Commission Act 1975.
213. Art. 199 Continuity of administration of justice not to be affected.